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The Kansas Medical Power of Attorney can prevent any confusion as to who should be appointed to handle the healthcare decisions of another when they are unable to do so for themselves (due to being in an incapacitated state). That being said, this is obviously something that must be accomplished by the principal while they still have the mental capacity to properly execute a legal document. In order for this instrument to hold water, the executor must identify themselves and their agent(s), list any additional preferences/instructions, and sign it in the presence of two (2) witnesses or a notary public.

Laws

Statutes – § 58-625 – § 58-632

Definition – “A durable power of attorney for health care decisions is a power of attorney by which a principal designates another as the principal’s agent in writing and the writing contains the words ‘this power of attorney for health care decisions shall not be affected by subsequent disability or incapacity of the principal’ or ‘this power of attorney for health care decisions shall become effective upon the disability or incapacity of the principal,’ or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal’s subsequent disability or incapacity.” (§ 58-625)

Statutory Form – § 58-632

Signing Requirements – Must be dated and signed in the presence of at least two (2) qualified witnesses (§ 58-629(e)(1)) or a notary public (§ 58-629(e)(2)).

Revocation – § 58-628